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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 34,854 EUGENIO ROYBAL, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF TAOS COUNTY Sarah C. Backus, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellee Jorge A. Alvarado, Chief Appellate Defender Santa Fe, NM Sergio Viscoli, Appellate Public Defender Albuquerque, NM for Appellant 19 MEMORANDUM OPINION KENNEDY, Judge.

1 {1} Summary reversal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary reversal has been filed and the time for doing so has expired.

4 {2} REVERSED.

5 {3} IT IS SO ORDERED.

6 _______________________________ 7 RODERICK T. KENNEDY, Judge

8 WE CONCUR:

9 ___________________________________ JAMES J. WECHSLER, Judge

11 _________________________________ TIMOTHY L. GARCIA, Judge